Search: Symposium on the Functional Approach to the Law of Occupation
20 Jan “From the Land of Witches and Wolves”: A Conversation with Francesca Albanese
...Was there an Algerian-French conflict? There was a brutal French occupation in Algeria, which came to its end. And there is no Palestinian-Israeli conflict. There is a brutal Israeli occupation, which must come to its end one way or the other. Gideon Levy In what way will the Israeli occupation come to an end and will international law play a part? This is a curious question, of course, since the International Court of Justice (ICJ) has already opined that Israel’s neverending occupation and its associated apartheid regime are both unlawful,...08 Nov Guest Post: Initial Thoughts on the ICC Prosecutor’s Mavi Marmara Report
absent would plainly fly in the face of the facts. One must assume then that the implication that an Israel versus non-state actor(s) type conflict exists in parallel to the occupation as international armed conflict, is incorrect. My fear when reading this Report and reflecting on such an analysis, is that the Israeli and broader Western political jargon around hostile entities and unlawful combatants, rooted in the War on Terror narrative, has been unwittingly and inappropriately internalized into the analytical rationalizing of international criminal lawyers. Limitations on Territorial Jurisdiction An...04 Jun Targeted Killings Symposium: Craig Martin Comments on “Targeting Co-Belligerents” by Jens David Ohlin
The assumption is reflected too in the five candidate linking principles – four of the five are drawn from jus in bello or jus ad bellum, and the one that is drawn from criminal law is not applied in a manner that would conform to the law enforcement model. Jens may correct me if I am wrong (he is the criminal lawyer, not I), but while complicity and conspiracy may be the linking principles employed for prosecution purposes within criminal law, they would never be the criteria used within the...04 Apr HILJ Online Symposium: Suzanne Katzenstein Responds to Karen J. Alter
attempts fail. I evaluate all attempts at international courts that I could identify that reached the multilateral treaty negotiation or treaty drafting stage. This amounted to four successful and seven failed attempts at establishing courts invested with general jurisdiction or relating to international criminal law, the law of the sea, and human rights. The dominant explanation for the creation of international courts focuses on the functional incentives of governments, such as the need to overcome collective action problems or to signal credibility. I argue that the functional explanation provides insufficient...13 Oct Virginia Journal of International Law, Vol. 49-1: Online Symposium
of modern international law from the perspective of the constructivist theory of international relations. His article applies the constructivist theory of international relations to argue that Nobel Peace Prize Laureates have been profoundly instrumental as norm entrepreneurs in the emergence, cascading, and internalization of international law norms. Professor Gregory Gordon of the University of North Dakota School of Law and Anne Kjelling, Head Librarian at the Norwegian Nobel Institute, will be the respondents. On Thursday, Professor Diane Ring of Boston College Law School will discuss her article, What’s at Stake...25 Apr Alter Book Symposium: Reply by Karen Alter
starting point for The New Terrain of International Law was the following question: If the ‘problem’ of international law is its lack of enforceability, then how does making the law enforceable affect the influence of international law? I cut into this very big question by focusing on a new set of institutions that were designed to address the enforceability gap in international law. The comments in this symposium push upon a number of choices I made as I then tried to make the project tractable. My first choice was to...
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
and affected me personally. The University of Southampton In the summer of 2014, I recall seeing notice for a conference at the University of Southampton School of Law scheduled for April 2015. The conference was the brainchild of Oren Ben-Dor, an Israeli law professor based at Southampton University and was co-organised with George Bisharat, a Palestinian-American law professor based at the University of California Hastings College of the Law. (Coincidentally, George is also a contributor to this symposium). The call for papers was considered controversial at the time because it...
27 Mar Symposium on Prosecuting Heads of State for International Crimes: Punishing the Powerful – The Allure and Limits of the Penal Accountability Paradigm
[Natasa Mavronicola is a Professor of Human Rights Law at Birmingham Law School, University of Birmingham; co-editor of Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR (Hart 2020); author of Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs (Hart 2021). Mattia Pinto is a lecturer at York Law School and Deputy Director of the Centre for Applied Human Rights, University of York. Forthcoming book: Human Rights as Sources of Penality (OUP).] ‘Justice demands that the accused be prosecuted,...
29 Mar Governance of MGRs in ABNJ and Interests of Developing States: A Move Away from Scientific Colonialism?
[Endalew Lijalem Enyew (PhD) is a researcher at the Norwegian Center for the Law of the Sea, Faculty of Law, UiT-The Arctic University of Norway.] On the 19th of June 2023 State delegates meeting at the UN adopted a global treaty on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) – also known as the BBNJ treaty – concluding the more-than-a-decade-long negotiations. The adoption of the BBNJ treaty is considered as a triumph for diplomacy, particularly at a time when multilateralism is under sustained...
16 Aug Symposium on Oumar Ba’s Book ‘States of Justice: The Politics of the International Criminal Court’–Introductory Post
reason that we invited a few scholars and practitioners to reflect on the themes covered by the book. We also invited Oumar Ba to respond to the observations of the contributors. We are very grateful to the contributors and to Oumar Ba for participating in this symposium despite the very disruptive effect that the global COVID-19 pandemic has had on professional and personal lives. We are also grateful to OpinioJuris for hosting this symposium. We hope that this symposium will stimulate enriching reflections on the themes covered by the book....